Timberview makes case to county officials

With proposed changes to Okaloosa County’s land development code in the works, Timberview Helicopters might be forced to operate solely from Destin Airport.

MATT ALGARIN / Destin Log

DESTIN — With proposed changes to Okaloosa County’s land development code in the works, Timberview Helicopters might be forced to operate solely from Destin Airport.

“It’s not, in my view, the government’s job to pick winners and losers, and unfortunately that’s just what would happen if the county adopts this amendment,” said attorney David Powell, who represents the helicopter tour company. “Whether it’s intended or not, that’s the practical effect.”

County commissioners held the first of two public hearings recently to address proposed amendments to the land development code, which in part would limit the operation of sightseeing helicopter tours, gliders and hot air balloon rides.

Helicopter tours and other aerial operations now are allowed in the general commercial zoning district. If the amendments are approved, they would be restricted to the airport industrial park district.

Elliot Kampert, the county’s growth management director, told commissioners that the changes would be made to reflect what has happened in the state Legislature.

“We’re amending our code to be consistent with the statutes,” he said.

The debate over tourism helicopter flights in Destin has been on the front burner for months. Residents, city leaders and county officials worry about safety risks and noise associated with two helicopter businesses.

In June, the county imposed a 180-day moratorium on helicopter sightseeing companies. That prohibition expires in December.

Timberview had been operating out of Destin Commons’ parking lot for about a year, but was shut down by the county because it didn’t have the appropriate permits. Since then, Timberview has been spotted operating from a barge in Choctawhatchee Bay and in Destin Harbor, raising the ire of city leaders.

Timberview now is working out of Destin Airport, which is legal has little to no visibility, owner Justin Johnson said. He said his company has lost about 70 percent of its revenue since it was forced to relocate.

If the proposed amendments are adopted, Timberview could not move to a more desirable location because it didn’t have a development order prior to the moratorium. Johnson says county representatives told him that a development order wasn’t necessary because the business already was operating.

“Our competitor (Beach Helicopter) did file for a development order and they were granted that, and now they are grandfathered in,” Powell told commissioners at the public hearing. “It’s a little inverse in that the competitor, that I understand caused the uproar, is now going to be able to operate and my client, who has operated, is going to be shut down and forced out of business.”

Beach Helicopter isn’t flying yet, but its development order to build a 6,000-square foot helipad between Longhorn Steakhouse and BankTrust was approved by county commissioners before the moratorium was enacted.

Beach Helicopter also has gotten its share of complaints because of its location near the Kelly Plantation subdivision. However, commissioners determined that they could not reject the development order because it met county regulations.

Powell asked commissioners to grandfather in Timberview as they did Beach Helicopter.

“I would encourage you to rather than enact a blanket prohibition like this, to look to other counties and other methods of regulating this type of business,” he said.

County Commissioner Wayne Harris was on the same page as Powell.

“I’m inclined to agree. In my opinion they should be grandfathered in because they were there,” he said. “That’s my opinion, but I’m only one vote.”

County commissioners will host a second public hearing on the issue Tuesday.